AN
ORDINANCE CONCERNING THE ANNEXATION OF ADJACENT AND CONTIGUOUS TERRITORY
COMMONLY KNOWN AS ORCHARD HILL

WHEREAS,
the Town of Nashville wishes to annex an area consisting of approximately 128.5
acres (hereinafter "the Parcel") located outside of but contiguous to the Town
of Nashville (hereinafter "the Town"), that area being more fully described in
Exhibit A which attached hereto and made a part hereof; and WHEREAS, pursuant
to statute the appropriate public hearings have been opened, conducted and
closed; and, WHEREAS, the Council now finds: 1. The Parcel is contiguous to the
Town as required by IC 36-4-3-1.5; and 2. The Town has developed and adopted a
written fiscal plan as memorialized in Resolution 2010-1; and WHEREAS, the
Council believes it is in the best interest of the Town that the Parcel be
annexed into the Town, NOW THEREFORE, BE IT ORDAINED that, pursuant to the
provisions of Indiana Code 36-4-3, as from time to time amended, the Parcel is
hereby annexed into the Town. The initial district designation is hereby
established as follows: The area of the annexed properties heretofore zoned
"R-1" and "R-2" under the Brown County Zoning Ordinance shall be zoned in the
equivalent R-1 zone under the Nashville Code of Ordinances; those area
heretofore zoned "GB" under the Brown County Zoning Ordinance shall be zoned
"B-3" under the Nashville Code of Ordinances subject to all pre-existing,
non-conforming uses. The initial Town Council District shall be Council
District 1.IT IS FURTHER ORDAINED that the following terms and conditions apply
to the annexation of the Parcel: The Parcel shall be annexed in three phases.
Phase 2 of this annexation (see Exhibit A) shall become effective 24 hours
after Phase I becomes effective. Phase 3 of this annexation (see Exhibit A) shall
become effective 24 hours after Phase 2 becomes effective. IT IS HEREBY FURTHER
ORDAINED that pursuant to the provisions of Indiana Code 36-4-3-7, the
Clerk-Treasurer of the Town of Nashville
hereby directed to do the following: 1. Publish this ordinance once within 30
days of passage under IC-5-3-1. 2. File the adopted ordinance with: The county
auditor; The circuit court clerk; The office of the secretary of state; The
office of census data established by IC 2-5-1.1-12.2. 3. Record the ordinance
in the office of the county recorder. ALL O WHICH IS SO ORDAINED this 22nd day
of July, 2010 by the Town Council of Nashville.

NASHVILLE TOWN
COUNCIL

Roger
Kelso, Town Council President

Robert
Kirlin, Town Council Vice President

Charles
King, Council Member

Arthur
Omberg, Council Member

Sean
Cassiday, Council Member

ATTEST:

Brenda K.
Young,

Clerk-Treasurer,

Town of Nashville, Indiana

Date:
7/22/2010

I affirm,
under the penalties for perjury, that I have taken reasonable care to redact
each Social Security Number in this document, unless required by law.

Brenda K.
Young

EXHIBIT A

PHASE NO.
1 TOWN OF NASHVILLE
ANNEXATION NORTH

41.931
ACRE DESCRIPTION: PART OF THE FRACTIONAL
SECTION 13, TOWNSHIP 9 NORTH, RANGE 2 EAST OF THE SECOND PRINCIPAL MERIDIAN AND
PART OF THE WEST HALF OF SECTION 18, TOWNSHIP 9 NORTH, RANGE 3 EAST OF THE
SECOND PRINCIPAL MERIDIAN ALL IN WASHINGTON TOWNSHIP, BROWN COUNTY, INDIANA
DESCRIBED AS FOLLOWS:

BEGINNING
AT A ¾ INCH (INSIDE DIAMETER) IRON PIPE FOUND MARKING THE SOUTHEAST CORNER OF
THE FRACTIONAL NORTHEAST QUARTER OF SAID SECTION 13; THENCE NORTH 89 DEGREES 42
MINUTES 30 SECONDS WEST (BEARING FROM THE ORIGINAL PLAT TO THE TOWN OF
NASHVILLE AS RECORDED IN PLAT CABINET NUMBER ONE (1), SLEEVE 258-A IN THE
OFFICE OF THE RECORDER OF BROWN COUNTY, INDIANA) 616.38 FEET TO A SANDSTONE
FOUND MARKING THE SOUTHWEST CORNER OF THE FRACTIONAL SOUTHEAST QUARTER OF THE
NORTHEAST QUARTER OF SAID SECTION 13, ALSO THE SOUTHEAST CORNER OF THE
FRACTIONAL SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 13;
THENCE SOUTH 87 DEGREES 57 MINUTES 40 SECONDS WEST 617.50 FEET TO A SANDSTONE
WITH A 1 ½ INCH (INSIDE DIAMETER) IRON PIPE FOUND MARKING THE SOUTHWEST CORNER
OF SAID FRACTIONAL SOUTHWEST QUARTER, NORTHEAST QUARTER OF SAID SECTION 13,
ALSO THE SOUTHEAST CORNER OF THE FRACTIONAL SOUTHEAST QUARTER OF THE NORTHWEST
QUARTER OF SAID SECTION 13; THENCE SOUTH 89 DEGREES 39 MINUTES 22 SECONDS WEST
ON AND ALONG THE SOUTH LINE OF SAID FRACTIONAL SOUTHEAST QUARTER, NORTHWEST
QUARTER 360.19 FEET TO A ¾ INCH (INSIDE DIAMETER) IRON PIPE FOUND; THENCE NORTH
45 DEGREES 30 MINUTES 32 SECONDS EAST 33.15 FEET TO A ½ INCH (INSIDE DIAMETER)
IRON PIPE FOUND; THENCE NORTH 27 DEGREES 57 MINUTES 00 SECONDS EAST 904.46 FEET
TO A 5/8 INCH CAPPED REBAR (STAMPED ARH #S0078) FOUND; THENCE NORTH 86 DEGREES
39 MINUTES 25 SECONDS EAST 931.30 FEET TO A ¾ INCH (INSIDE DIAMETER) IRON PIPE
FOUND ON THE EAST RIGHT OF WAY OF STATE ROAD NUMBER 135; THENCE LEAVING SAID
EAST RIGHT OF WAY SOUTH 72 DEGREES 19 MINUTES 45 SECONDS EAST 126.05 FEET TO A
1 ½ INCH (INSIDE DIAMETER) IRON PIPE FOUND; THENCE SOUTH 89 DEGREES 34 MINUTES
45 SECONDS EAST 160.13 FEET TO A 1 ½ INCH (INSIDE DIAMETER) IRON PIPE FOUND;
THENCE SOUTH 69 DEGREES 58 MINUTES 20 SECONDS EAST 124.81 FEET TO A 1 ½ INCH
(INSIDE DIAMETER) IRON PIPE FOUND; THENCE SOUTH 36 DEGREES 50 MINUTES 16
SECONDS EAST 193.28 FEET TO A 1 ½ INCH (INSIDE DIAMETER) IRON PIPE FOUND;
THENCE NORTH 41 DEGREES 53 MINUTES 18 SECONDS EAST 269.47 FEET TO A 1 ½ INCH
(INSIDE DIAMETER) IRON PIPE FOUND; THENCE SOUTH 51 DEGREES 35 MINUTES 04
SECONDS EAST 271.85 FEET TO A 1 ½ INCH (INSIDE DIAMETER) IRON PIPE FOUND;
THENCE SOUTH 65 DEGREES 44 MINUTES 43 SECONDS EAST 177.02 FEET TO A ½ INCH
(INSIDE DIAMETER) IRON PIPE FOUND; THENCE SOUTH 40 DEGREES 17 MINUTES 23
SECONDS WEST 199.65 FEET TO A 1 ½ INCH (INSIDE DIAMETER) IRON PIPE FOUND;
THENCE SOUTH 53 DEGREES 47 MINUTES 32 SECONDS WEST 289.28 FEET TO A 5/8 INCH
CAPPED REBAR (STAMPED SNA#S0427) FOUND ON THE EAST RIGHT OF WAY OF SAID STATE
ROAD NUMBER 135; THENCE SOUTH 63 DEGREES 58 MINUTES 23 SECOND EAST WITH SAID
EAST RIGHT OF WAY 523.88 FEET TO A 5/8 INCH CAPPED REBAR (STAMPED SNA#S0427)
FOUND; THENCE LEAVING SAID EAST RIGHT OF WAY SOUTH 53 DEGREES 20 MINUTES 38
SECONDS WEST 90.69 FEET TO A ¾ INCH (INSIDE DIAMETER) IRON PIPE FOUND ON THE
WEST RIGHT OF WAY OF SAID STATE ROAD NUMBER 135; THENCE NORTH 63 DEGREES 51
MINUTES 47 SECONDS WEST WITH SAID WEST RIGHT OF WAY 302.40 FEET TO A ½ INCH
REBAR FOUND; THENCE LEAVING SAID WEST RIGHT OF WAY SOUTH 49 DEGREES 36 MINUTES
30 SECONDS WEST 90.95 FEET TO THE CENTER OF A RAVINE; THENCE THE FOLLOWING FIVE
(5) COURSES ARE WITH THE CENTER OF SAID RAVINE: SOUTH 01 DEGREES 44 MINUTES 30
SECONDS WEST 167.40 FEET, SOUTH 47 DEGREES 36 MINUTES 30 SECONDS WEST 161.30
FEET, SOUTH 30 DEGREES 26 MINUTES 30 SECONDS WEST 118.00 FEET, SOUTH 04 DEGREES
18 MINUTES 30 SECONDS WEST 57.00 FEET AND SOUTH 43 DEGREES 12 MINUTES 30
SECONDS WEST 82.00 FEET TO A 18" WHITE OAK TREE; THENCE LEAVING THE CENTER OF
SAID RAVINE NORTH 64 DEGREES 32 MINUTES 30 SECONDS WEST 344.20 FEET TO A 3/8
INCH REBAR FOUND ON THE WEST LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 18;
THENCE NORTH 01 DEGREES 44 MINUTES 30 SECONDS EAST ON AND ALONG SAID WEST LINE
301.90 FEET TO THE BEGINNING, CONTAINING 41.931 ACRES MORE OR LESS.

SUBJECT
TO STATE ROAD
NUMBER 135 AND ALL OTHER ROADS, LEGAL RIGHTS OF WAY OR EASEMENTS EXISTING OR OF
RECORD AFFECTING SAID REAL ESTATE.

PHASE NO.
2 TOWN OF NASHVILLE
ANNEXATION NORTH

17.265
ACRE DESCRIPTION: PART OF THE FRACTIONAL SECTION 13, TOWNSHIP 9 NORTH, RANGE 2
EAST OF THE SECOND PRINCIPAL MERIDIAN, WASHINGTON TOWNSHIP, BROWN COUNTY,
INDIANA DESCRIBED AS FOLLOWS: BEGINNING AT A ¾ INCH (INSIDE DIAMETER) IRON PIPE
FOUND MARKING THE NORTHWEST CORNER OF THE FRACTIONAL SOUTHEAST QUARTER OF THE
NORTHWEST QUARTER OF SAID SECTION 13; THENCE SOUTH 89 DEGREES 42 MINUTES 32
SECONDS EAST (BEARING FROM THE ORIGINAL PLAT TO THE TOWN OF NASHVILLE AS
RECORDED IN PLAT CABINET NUMBER ONE (1), SLEEVE 258-A IN THE OFFICE OF THE
RECORDER OF BROWN COUNTY, INDIANA) 1250.82 FEET TO A SANDSTONE FOUND MARKING
THE NORTHEAST CORNER OF THE FRACTIONAL SOUTHWEST QUARTER OF THE NORTHEAST
QUARTER OF SAID SECTION 13, ALSO THE NORTHWEST CORNER OF THE FRACTIONAL
SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 13; THENCE NORTH 89
DEGREES 59 MINUTES 22 SECONDS EAST ON AND ALONG THE NORTH LINE OF SAID
FRACTIONAL SOUTHEAST QUARTER, NORTHEAST QUARTER 312.54 FEET TO A ½ INCH REBAR
FOUND ON THE EAST RIGHT OF WAY OF STATE ROAD NUMBER 135; THENCE THE FOLLOWING
TWO (2) COURSES ARE WITH SAID EAST RIGHT OF WAY: SOUTH 02 DEGREES 37 MINUTES 26
SECONDS EAST 148.20 FEET TO A CONCRETE RIGHT OF WAY MONUMENT FOUND AND ALONG A
CURVE TO THE LEFT HAVING A RADIUS OF 914.93 FEET AND A CHORD BEARING AND
DISTANCE OF SOUTH 12 DEGREES 31 MINUTES 03 SECONDS EAST 317.23 FEET AND A CURVE
LENGTH OF 318.84 FEET TO A ¾ INCH (INSIDE DIAMETER) IRON PIPE FOUND; THENCE
LEAVING SAID EAST RIGHT OF WAY SOUTH 86 DEGREES 39 MINUTES 25 SECONDS WEST
931.30 FEET TO A 5/8 INCH CAPPED REBAR (STAMPED ARH S0078) FOUND; THENCE NORTH
89 DEGREES 35 MINUTES 28 SECONDS WEST 550.44 FEET TO A 5/8 INCH CAPPED REBAR
(STAMPED ARH S0078) FOUND; THENCE NORTH 30 DEGREES 41 MINUTES 15 SECONDS EAST
214.67 FEET TO AN ANGLE IRON FOUND; THENCE SOUTH 89 DEGREES 41 MINUTES 38
SECONDS WEST 264.71 FEET TO THE WEST LINE OF SAID FRACTIONAL SOUTHEAST QUARTER,
NORTHWEST QUARTER; THENCE NORTH 00 DEGREES 37 MINUTES 17 SECONDS WEST ON AND
ALONG SAID WEST LINE 331.23 FEET TO THE BEGINNING, CONTAINING 17.265 ACRES MORE
OR LESS. SUBJECT TO STATE ROAD
NUMBER 135 AND ALL OTHER ROADS, LEGAL RIGHTS OF WAY OR EASEMENTS EXISTING OR OF
RECORD AFFECTING SAID REAL ESTATE.

PHASE NO.
3 TOWN OF NASHVILLE
ANNEXATION NORTH

69.321
ACRE DESCRIPTION: PART OF THE FRACTIONAL
SECTION 13, TOWNSHIP 9 NORTH, RANGE 2 EAST OF THE SECOND PRINCIPAL MERIDIAN AND
PART OF THE WEST HALF OF SECTION 18, TOWNSHIP 9 NORTH, RANGE 3 EAST OF THE
SECOND PRINCIPAL MERIDIAN ALL IN WASHINGTON TOWNSHIP, BROWN COUNTY, INDIANA
DESCRIBED AS FOLLOWS:

BEGINNING
AT A SANDSTONE FOUND MARKING THE NORTHEAST CORNER OF THE FRACTIONAL SECTION 13;
THENCE SOUTH 00 DEGREES 13 MINUTES 34 SECONDS EAST (BEARING FROM THE ORIGINAL
PLAT TO THE TOWN OF NASHVILLE AS RECORDED IN PLAT CABINET NUMBER ONE (1),
SLEEVE 258-A IN THE OFFICE OF THE RECORDER OF BROWN COUNTY, INDIANA) ON AND
ALONG THE EAST LINE OF SAID FRACTIONAL SECTION 13, 322.89 FEET TO A 1 INCH
(INSIDE DIAMETER) IRON PIPE FOUND; THENCE SOUTH 35 DEGREES 19 MINUTES 11
SECONDS EAST 379.19 FEET TO A ½ INCH (INSIDE DIAMETER) IRON PIPE FOUND; THENCE
SOUTH 32 DEGREES 51MINUTES 40 SECONDS EAST 239.20 FEET TO A ½ INCH (INSIDE
DIAMETER) IRON PIPE FOUND; THENCE SOUTH 27 DEGREES 06 MINUTES 40 SECONDS EAST
319.60 FEET TO A ½ INCH (INSIDE DIAMETER) IRON PIPE FOUND; THENCE SOUTH 45
DEGREES 14 MINUTES 18 SECONDS EAST 164.69 FEET TO A ½ INCH (INSIDE DIAMETER)
IRON PIPE FOUND; THENCE SOUTH 24 DEGREES 40 MINUTES 52 SECONDS EAST 98.63 FEET
TO A ½ INCH (INSIDE DIAMETER) IRON PIPE FOUND; THENCE NORTH 89 DEGREES 10
MINUTES 02 SECONDS WEST 648.95 FEET TO A 1 ½ INCH (INSIDE DIAMETER) IRON PIPE
FOUND MARKING THE SOUTHEAST CORNER OF THE FRACTIONAL NORTHEAST QUARTER OF THE
NORTHEAST QUARTER OF SAID SECTION 13; THENCE SOUTH 89 DEGREES 59 MINUTES 22
SECONDS WEST ON AND ALONG THE SOUTH LINE OF SAID FRACTIONAL NORTHEAST QUARTER,
NORTHEAST QUARTER 327.25 FEET TO A ½ INCH REBAR FOUND ON THE EAST RIGHT OF WAY
OF STATE ROAD NUMBER 135; THENCE CONTINUING SOUTH 89 DEGREES 59 MINUTES 22
SECONDS WEST ON AND ALONG SAID SOUTH LINE 312.54 FEET TO A SANDSTONE FOUND
MARKING THE SOUTHWEST CORNER OF SAID FRACTIONAL NORTHEAST QUARTER, NORTHEAST
QUARTER OF SAID SECTION 13, ALSO THE SOUTHEAST CORNER OF THE FRACTIONAL
NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 13; THENCE NORTH 89
DEGREES 42 MINUTES 32 SECONDS WEST 1250.82 FEET TO A ¾ INCH (INSIDE DIAMETER)
IRON PIPE FOUND MARKING THE SOUTHWEST CORNER OF THE FRACTIONAL NORTHEAST
QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 13; THENCE NORTH 00 DEGREES 06
MINUTES 40 SECONDS WEST ON AND ALONG SAID WEST LINE 676.36 FEET TO A ½ INCH
(INSIDE DIAMETER) IRON PIPE FOUND; THENCE SOUTH 49 DEGREES 38 MINUTES 32
SECONDS WEST 270.26 FEET TO A ½ INCH (INSIDE DIAMETER) IRON PIPE FOUND; THENCE
SOUTH 43 DEGREES 08 MINUTES 54 SECONDS WEST 127.81 FEET TO A ½ INCH (INSIDE
DIAMETER) IRON PIPE FOUND; THENCE NORTH 00 DEGREES 11 MINUTES 30 SECONDS EAST
894.16 FEET TO A ½ INCH (INSIDE DIAMETER) IRON PIPE FOUND ON THE NORTH LINE OF
SAID FRACTIONAL NORTHWEST QUARTER, NORTHWEST QUARTER OF SAID SECTION 13; THENCE
NORTH 89 DEGREES 57 MINUTES 40 SECONDS EAST ON AND ALONG SAID NORTH LINE 289.15
FEET TO A ½ INCH (INSIDE DIAMETER) IRON PIPE FOUND MARKING THE NORTHEAST CORNER
OF SAID FRACTIONAL NORTHWEST QUARTER, NORTHWEST QUARTER OF SAID SECTION 13,
ALSO THE NORTHWEST CORNER OF SAID FRACTIONAL NORTHEAST QUARTER, NORTHWEST
QUARTER OF SAID SECTION 13; THENCE NORTH 89 DEGREES 50 MINUTES 35 SECONDS EAST
1887.94 FEET TO THE BEGINNING, CONTAINING 69.321 ACRES MORE OR LESS. SUBJECT TO
STATE ROAD
NUMBER 135 AND ALL OTHER ROADS, LEGAL RIGHTS OF WAY OR EASEMENTS EXISTING OR OF
RECORD AFFECTING SAID REAL ESTATE.